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PEOPLE v. MONTES

No. 79-949.

90 Ill. App.3d 355 (1980)

412 N.E.2d 1363

THE PEOPLE OF THE STATE OF ILLINOIS, Plaintiff-Appellee, v. MODESTO MONTES, Defendant-Appellant.

Appellate Court of Illinois — First District (4th Division).

Opinion filed November 6, 1980.

Attorney(s) appearing for the Case

Elliot Samuels, of Chicago, for appellant.

Bernard Carey, State's Attorney, of Chicago (Marcia B. Orr, Pamela L. Gray, and John M. Hynes, Assistant State's Attorneys, of counsel), for the People.

Reversed and remanded.

Mr. JUSTICE JIGANTI delivered the opinion of the court:

Modesto Montes, the appellant, was convicted of a felony and was sentenced to five years' probation. No probation revocation proceeding has been instituted against him. Montes filed a petition for post-conviction relief under the Post-Conviction Hearing Act. (Ill. Rev. Stat. 1977, ch. 38, par. 122-1.) The trial court granted the State's motion to dismiss the petition on the ground...

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